i t 

.j^mim i OF 

• '-^'-i OPERATIONS SERVED SEPTEMBER 27, 2010 ^'^^ 

^e;o :rp 28 A q: 30 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

SKYWEST AIRLINES, INC. 

FAA DOCKET NO. CP10NM0002 

(Civil Penalty Action) 

DMS No. FAA-2010-0312 

ORDER GRANTING MOTION TO TAKE JUDICIAL NOTICE 

On September 15, 2010, the Federal Aviation Administration 

^Complainant") filed a Motion to Take Judicial Notice ("Motion"). The Motion 

encompasses certain sections of the Administrator's civil penalty guidelines 

("guidelines"). The guidelines, FAA Order No. 2150.3B, are published at 

rgl,faa.gov. The Motion also asks that Judicial Notice be taken of 49 U.S.C. 

§46301(a)(2), a Federal statute. Respondent SkyWest Airlines, Inc. 

("Respondent") filed a response on September 23, 2010, stating that It does 

not object to the Motion. 

The court may take Judicial Notice of a fact which Is not subject to 

reasonable dispute in that It Is either (1) generally known within the 

territorial jurisdiction of the trial court or (2) capable of accurate and ready 

determination by resort to sources whose accuracy cannot reasonably be 

questioned.^ 

The matters for which Complainant seeks Judicial Notice are federal 

laws and published guidelines of a federal agency. These matters are 

' Federal Rules of Evidence, Rule 201 (28 U.S.C). 
capable of accurate and ready determination by resort to sources whose 

accuracy cannot reasonably be questioned. They also are matters within the 

public domain. 

WHEREFORE, Complainant's Motion having been read and considered, 

it is hereby ORDERED that Judicial Notice be and is hereby taken of the 

following: 

1. The Administrator's published civil penalty guidelines contained in 

FAA Order No. 2150.3B; and 

2. 49 U.S.C. §46301(a)(2). 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Doclcet No. CP10NM0002 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Michael L. Dworkin, Respondent's Counsel 

Michael L. Dworkin and Associates Law Offices 

465 California Street, Suite 210 

San Francisco, CA 94104 

TEL: 415-421-2500 

FAX: 415-421-2560 

Scott R. Morris, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1^01 Lind Avenue, S.W. 

Renton, WA 98057 

TEL: 425-227-1417 

FAX: 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.